NY State Senate Bill 2009-S7892

Senate Bill S7892

2009-2010 Legislative Session

Requires the commissioner of parks, recreation and historic preservation to acquire the mineral interests under all land acquired or received by him or her

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 09, 2010	reported and committed to finance
May 20, 2010	referred to cultural affairs, tourism, parks and recreation

Votes

- Jun 9, 2010 - Cultural Affairs, Tourism, Parks And Recreation Committee Vote
  S7892
  
  11
  
  Aye
  
  3
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Cultural Affairs, Tourism, Parks And Recreation Committee Vote: Jun 9, 2010
      
      aye (11)
      
      Duane
      
      Griffo
      
      Little
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Squadron
      
      Stavisky
      
      Thompson
      
      Valesky
      
      Winner
      
      nay (3)
      
      Alesi
      
      Flanagan
      
      Ranzenhofer

2009-S7892 (ACTIVE) - Details

See Assembly Version of this Bill:: A10642
Current Committee:: Senate Finance
Law Section:: Parks, Recreation and Historic Preservation Law
Laws Affected:: Amd §3.17, Pks & Rec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2748, A5676
2013-2014: S917, A5803
2015-2016: S1007, A805
2017-2018: S3439
2019-2020: S2940
2021-2022: S1430
2023-2024: S1519

2009-S7892 (ACTIVE) - Summary

Requires the commissioner of parks, recreation and historic preservation to acquire the mineral interests under all land acquired or received by the state for the office of parks, recreation and historic preservation, unless the commissioner of parks, recreation and historic preservation finds that the land is of great significance and importance to the state.

2009-S7892 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7892

 TITLE OF BILL :
An act to amend the parks, recreation and historic preservation law,
in relation to requiring the office of parks, recreation and historic
preservation to acquire all mineral rights to real property acquired
by such office


 PURPOSE OF THE BILL :
The purpose of the bill is to ensure that OPRHP acquires the minerals
rights when acquiring property for state park, historic preservation
and other uses under its jurisdiction. The bill provides for certain
exceptions for lands of great significance and importance.

 SUMMARY OF PROVISIONS :
The bill amends Section 3.17, Subdivision 1 of the Parks, Recreation
and Historic preservation Law, to require that real property acquired,
received, held or administered by the OPRHP commissioner include the
mineral rights on and under such lands. The bill does allow
acquisition and acceptance of lands of great significant and
importance without the mineral rights. Such acquisitions or
acceptances would be subject an analytical report prepared by OPRHP,
that justifies and provides the rationale for such acquisition"
including but not limited to a description of the property, the
significance and importance or the land to the state, and the economic

benefits and impacts and local impacts of acquiring such property.
ORPHP would be required to hold one or more public hearings, including
at least one in the impacted area, and to publish such actions in the
Environmental Notice Bulletin at least one month prior to the hearing.

 JUSTIFICATION :
In the past, OPRHP has acquired or accepted lands for state park
purposes without acquiring the mineral rights on or under such lands.
These mineral rights can be utilized, for example, for extraction of
materials such as oil and gas. Such activities can have a significant
adverse affect on the dedicated use of the lands (e.g.  parks,
historic sites, etc.) and are inconsistent with the dedicated purpose
of the lands. This bill seeks to correct such problems by limiting
future acquisitions to those which include mineral rights on or under
the lands. An exception is provided for lands for great significance
and importance, in which case the acquisition/acceptance would be
subject to an in-depth analysis and report of potential impacts by
OPRHP and public review.

 PRIOR LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
The bill may have some effect on the cost of acquiring lands for the
State Parks system, historic sites and other facilities administered
by OPRHP.

There would costs associated with the preparation of the report and
the public hearings.

 EFFECTIVE DATE :
This act would take effect immediately and apply to real property
acquired or received on or after such date.

2009-S7892 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7892

                            I N  S E N A T E

                              May 20, 2010
                               ___________

Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cultural Affairs, Tourism,
  Parks and Recreation

AN ACT to amend the parks, recreation and historic preservation law,  in
  relation  to  requiring  the  office of parks, recreation and historic
  preservation to acquire all mineral rights to real  property  acquired
  by such office

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 3.17 of the parks, recreation  and
historic  preservation  law,  as  amended  by chapter 727 of the laws of
1978, is amended to read as follows:
  1. Notwithstanding any other provision of law,  the  commissioner  may
acquire such property as may be necessary for the purposes and functions
of  the  office, within the amounts appropriated or available therefore.
Such property may be acquired pursuant to the provisions of the  eminent
domain  procedure law, or by purchase, lease, exchange, grant, condemna-
tion, gift, devise, bequest, or by any other lawful means. No real prop-
erty shall be so acquired unless the title thereto is  approved  by  the
attorney  general.    PROVIDED,  FURTHER, THAT NO REAL PROPERTY SHALL BE
ACQUIRED, RECEIVED, HELD OR ADMINISTERED BY THE COMMISSIONER UNLESS  THE
MINERAL  RIGHTS  ON AND UNDER SUCH LAND ARE ALSO ACQUIRED BY THE COMMIS-
SIONER IN THE NAME OF THE PEOPLE OF THE STATE  OF  NEW  YORK;  PROVIDED,
HOWEVER,  THAT THE COMMISSIONER MAY ACQUIRE, RECEIVE, HOLD OR ADMINISTER
REAL PROPERTY TO WHICH HE OR SHE HAS NOT  ACQUIRED  THE  MINERAL  RIGHTS
THERETO IN ANY CASE IN WHICH THE COMMISSIONER FINDS THAT SUCH REAL PROP-
ERTY IS OF GREAT SIGNIFICANCE AND IMPORTANCE TO THE STATE.  PRIOR TO THE
ACQUISITION,  RECEIPT, HOLDING OR ADMINISTRATION OF REAL PROPERTY BY THE
OFFICE TO WHICH THE COMMISSIONER HAS NOT  ACQUIRED  THE  MINERAL  RIGHTS
THERETO, THE COMMISSIONER SHALL ISSUE AN ANALYTICAL REPORT THAT PROVIDES
JUSTIFICATION  AND THE RATIONALE FOR SUCH PROPERTY ACQUISITION, NOTWITH-
STANDING THE LACK OF THE  MINERAL  RIGHTS  THERETO,  INCLUDING  BUT  NOT
LIMITED  TO  A  DESCRIPTION  OF  THE REAL PROPERTY, THE SIGNIFICANCE AND
IMPORTANCE OF THE LAND TO THE  STATE,  AND  THE  ECONOMIC  BENEFITS  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD16325-03-0

S. 7892                             2

IMPACTS AND LOCAL IMPACTS OF ACQUIRING SUCH REAL PROPERTY.  AT LEAST ONE
MONTH AFTER THE ISSUANCE OF SUCH REPORT, THE OFFICE SHALL CONDUCT ONE OR
MORE  PUBLIC  HEARINGS,  WITH  AT LEAST ONE SUCH HEARING IN THE IMPACTED
AREA,  AND  SUCH  ACTIONS SHALL BE PUBLISHED IN THE ENVIRONMENTAL NOTICE
BULLETIN AT LEAST ONE MONTH PRIOR TO SUCH HEARING.  Notwithstanding  the
provisions  of section eleven of the state finance law, the commissioner
may accept a  conditional  grant,  gift,  devise  or  bequest  with  the
approval  of the director of the budget. Title to real property which is
acquired shall be taken in the name of and be vested in  the  people  of
the state of New York.
  S  2.  This  act shall take effect immediately and shall apply to real
property acquired or received on or after such date.

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